Privacy Policy

Onyx Graphics, Inc. (ONYX) is committed to protecting your privacy. This Privacy Statement describes the information we collect from you through the ONYX services, whether accessed via our website by means of computer, mobile device or other technology, or offline via your interaction with ONYX agents or employees (collectively “Services”), and how that information will be used.

Please read this Privacy Statement carefully, because by using the Services, you acknowledge and agree (on your own behalf and on behalf of any third party whose details you supply) to the terms of this Privacy Statement, and consent to the manner in which we may collect, use and disclose the foregoing information.

The references to information “relating to you” or “about you” include references to information about your employees, representatives, agents, or other relevant parties whose details you have provided to us. We may update this Privacy Statement from time to time to take account of changing requirements, and we request that you refer back to this Privacy Statement frequently to review any revisions. If at any time we decide to use personal information in a manner significantly different to that stated in this Privacy Statement, or otherwise disclosed to you at the time it was collected, we will provide you with prominent notice of the change.

We and our service providers may collect information when you provide information to us and when information is collected automatically.

Personal Information
You may choose to give us personally identifiable information to allow us to communicate with you, process your orders, or provide you with services. We may ask for a small amount of relevant information, such as personal and business contact information, including name, address, phone number, and e-mail. Some forms may ask for a product key number. If you make a purchase or order a service, we may ask for your credit card number and billing information. Job applicants may be requested to provide information such as educational background, employment experience, and job interest.

Usage Information
In addition to the information you may provide to us, we may collect information when you access or use the Services through the use of data collection technologies, including web beacons, cookies, and embedded web links. These technologies collect certain traffic information that your browser sends to a web site, such as your browser type and language, access times, and the address of the web site from which you arrived. They may also collect information about your Internet Protocol (IP) address, unique device identifier, location information, clickstream behavior (i.e., the pages you view, the links you click, and other actions you take in connection with the Services) and product information. ONYX may also use some of these technologies in connection with e-mails and communications sent from ONYX and therefore may collect information using these tools when you open the e-mail or click on a link contained in the e-mail.

Below is some additional detail on how we use cookies and other technologies:

1.THE INFORMATION WE COLLECT

Device Identifier. We automatically collect an IP address or other unique identifier (“Device Identifier”) for the computer, mobile phone, tablet or other device (“Device”) you use to access the Services. A Device Identifier is a number that is assigned to your Device when you access a website or its servers. We may use a Device Identifier to, among other things, administer the Services, help diagnose problems with our servers.

Cookies are data files placed on a Device when it is used to visit the Services (“Cookies”). We may use Cookies to collect and store certain information about you, for security purposes, to facilitate the registration process, to facilitate site navigation and to personalize your experience. We use the Google analytics cookie to analyze the use of the Services.
If you would prefer not to accept Cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a Cookie, which lets you choose whether or not to accept it; (ii) disable existing Cookies; or (iii) set your browser to automatically reject any Cookies. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser.
Please be aware that if you disable or reject Cookies, some features and services on the Services may not work properly

Collection by Third-Parties. We may allow third-parties, including our authorized service providers, to use tracking technologies, such as cookies and web beacons, to collect non-personal information about your visits to the Services. This information generally enables them to track and gauge the effectiveness of our Services.

2.HOW WE USE INFORMATION

We may store, analyze and otherwise use the information we collect to:

Respond to your questions and requests;

Communicate with you about products and services offered through ONYX ;

Provide you with information about other ONYX products and promotions that may be of interest to you;

Perform research and analysis about usage and potential interest in ONYX;

Enforce this Privacy Statement;

Support the technical functionality of the Services and analyze your use of the Services;

As otherwise stated in this Privacy Statement.

3.WITH WHOM WE SHARE YOUR INFORMATION

Third Parties Providing Services on our Behalf. We may work with service providers and suppliers to manage or support the Services. These providers include, for example, credit card processors, providers of customer support, marketing and communications, hosting and IT service providers, e-mail service providers, automated data processors, data analytics providers, website management, lead generation vendors, and support services. We may share your information with these companies to enable them to provide you with services on our behalf. Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your browsing on the Services and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours. Your Personal Information may also be used by us or shared with our sponsors, providers, partners, advertisers or other third parties in connection with marketing, promotional, and other offers, and for such third party’s analytics and market research.

Legal Proceedings. We may also share your personal information:

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce other agreements or policies.

In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

4.YOUR CHOICES ABOUT THE COLLECTION AND USE OF YOUR INFORMATION

You have the right to tell us:

To provide you with a copy of the personal information we have about you;

To correct or update your personal information;

Not to contact you in the future;

To delete your personal information;

Not to share your personal information with third parties; and

Not to use your personal information to provide you with information or offers, or not to send you e-mails or other communications.

If you have a question or would like more information concerning your choices about the collection and use of your information, please e-mail your request to privacy@onyxgfx.com.

We are under no obligation to store your personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

5.THIRD-PARTY WEB SITES; INTEREST BASED MARKETING; DO NOT TRACK

Links. While you are using the Services, you may have an opportunity to click on a link to access other web sites that do not operate under this Privacy Statement. For example, if you click on an advertisement or a third-party logo on the Services, you may be taken to a web site that we do not control. These third-party web sites may independently solicit and collect information, including personal information, from you. We recommend that you consult the privacy statements of all third-party web sites you visit by clicking on the “privacy” link typically located at the bottom of the web page you are visiting.

Third Party Social Networking Services. Services may include features that involve a shared platform with third-party services. For example, we may allow you to sign in to your account on a social networking service to share information about ONYX with friends on that service. If we offer or accommodate this kind of shared-platform or similar service, the third-party through which the service is provided, and with whom your information may be shared, will be identified by a recognizable icon. If you choose to use the service, information collected from you while you use our web site may be transmitted to the third-party that operates the service. Additionally, once that information is shared with the third-party, its use of information about you will be subject to that third-party’s privacy policy. Finally, your activity on any social networking service pages that, for example, refer to ONYX., or include the ONYX logo, is guided by the general terms of the service operator or any specific terms for that promotion. You therefore should consult that third-party’s privacy policy to understand how your information may be used and shared by the third-party.

Do Not Track. The Services are not currently configured to recognize “do not track” signals sent as a header by Internet browsers. However, other settings within your browser may permit you to block cookies or other technology that enable websites to collect information that can be used to tailor advertisements to your interest. Please check your browser’s settings or consult your browser’s help information for more details.

6.OUR COMMITMENT TO CHILDREN’S PRIVACY

Protecting the privacy of the very young is especially important. Services are not targeted towards children under 13.

7.CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 gives California residents the right to request, from a business with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third-parties for direct marketing purposes by such third-party, and the identities of the third-parties with whom the business has shared such information during the immediately preceding year. To request a copy of the information disclosure provided by Onyx Graphics, Inc. pursuant to California Civil Code Section 1798.83, please contact us at the address listed below.

8.INFORMATION SECURITY

When you submit information to us or through our Services, you should be aware that your information is transmitted across multiple computer systems on the Internet. Although we take steps to protect your information, data security technologies constantly are evolving. Because no method of transmitting or storing electronic data on the Internet is ever completely secure, we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Statement.

9.CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

The Services are governed by and operated in, and in accordance with the laws of, the United States. We make no representation that the Services are governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Latin America, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Services, or providing us with any information, you (a) acknowledge that the Services are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws. If you do not agree with these terms, please cease using the Services. ONYX strives to collect, use and disclose Personal Information in a manner consistent with the privacy and data security laws of the countries in which it does business. Because of the differences among these jurisdictions, we have adopted a Privacy Statement for the ONYX which creates a common core of values, policies and procedures intended to achieve nearly universal compliance, supplemented with alternative or additional policies or implementation procedures applicable in those jurisdictions with unique requirements. Since we must always comply with relevant local laws and regulations, such laws and regulations are to be followed even if they conflict with certain aspects of this Privacy Statement and related standards. While this Privacy Statement is intended to describe the broadest range of our information processing activities, those processing activities may be more limited in some jurisdictions based on the restrictions of their laws. For example, the laws of a particular country may limit the types of Personal Information we can collect or the manner in which we process that information. In those instances, we adjust our internal policies and practices to reflect the requirements of local law and local laws will prevail over terms in this Privacy Statement.

10.HOW TO CONTACT US

Should you have questions or concerns about this Statement, please send an e-mail to: privacy@onyxgfx.com or send your inquiry by mail to Onyx Graphics, Inc., Attn: Customer Privacy Services, 6915 South High Tech Drive, Midvale, Utah 84047.